Williams v. Riley

WELLS, Judge.

The ultimate question on this appeal is whether summary judgment for defendant was properly granted.

In his verified complaint, plaintiff first alleged that defendants were negligent in failing to inspect, repair and maintain the premises in a reasonably safe condition; that defendants knew or should have known of the dangerous railing, and that defendants should have warned plaintiff of it. This aspect of plaintiffs cause of action is clearly founded in tort. Both North Carolina and South Carolina follow the traditional rule of lex loci delicti, “[t]he law of the state in which…